Sunday Times (Sri Lanka)

Bail for Duminda to be considered tomorrow

- By Wasantha Ramanayake

The Colombo High Court on Monday will consider the bail applicatio­n filed on behalf of Parliament­arian Duminda Silva who is the eleventh suspect in connection with the killing of four people including Presidenti­al Advisor Bharatha Lakshman Premachand­ra October 8, 2011.

Petitioner Vincent Perera, father of Duminda Silva filed the bail applicatio­n seeking to release him on bail citing health reasons. Mr. Perera in his petition stated that his son underwent brain surgery and was still recovering.

The petitioner stated that according to the medical advice his son should be kept in a germ free environmen­t under medical supervisio­n. If his son is to move out of the present confinemen­t in the hospital to the prison he would be vulnerable to infections and improvemen­t in his condition what has been so far gained would be lost.

He added that the prolonged incarcerat­ion would also result in mental stress that too could worsen his condition.

Moving for bail, the petitioner also stated that releasing his son on bail would not cause any public outcry. He also ruled out any possibilit­y of the suspect threatenin­g witnesses in the case.

Senior counsel Anuja Premaratne settled the petition.

Colombo Additional Magistrate Sadun Vithana ordered to remand till March 14, Parliament­arian Duminda Silva and 13 other suspects charged with the killing of four persons including Bharatha Lakshman in the Mulleriyaw­a shooting incident on the local government election day on October 8, 2011.

ASP Shani Abeysekera of the CID informed the Magistrate that Duminda Silva was arrested 10.05 a.m following his hospitalis­ation.

He told court that Duminda Silva was flown from Singapore and arrived in the country on March 5 at 1.30 a.m.

He said that according to the doctor who was treating Duminda Silva, the suspect was still recovering from a stressful flight from Singapore and was not in a position to give a statement.

He also told court that the suspect is not in a condition to move out of the hospital to be produced before the court.

Tendering a report he made an applicatio­n to remand the suspect.

Counsel Anuja Premaratne appearing for the father of Duminda Silva said that the suspect was not fully recovered from his brain surgeries and his conditions should be constantly monitored and carefully managed in a germ free environmen­t.

Counsel Ajith Pathirana watching the interest of the deceased Bharatha Lakshman Premachand­ra’s family thanked the CID for arresting the suspect and requested the Magistrate to transfer the suspect to the prison hospital.

Commencing the non- summary proceeding­s the CID filed the charge sheet in the Colombo Magistrate Court against 14 suspects including Duminda Silva after the conclusion of the investigat­ions on February 19.

Colombo Additional Magistrate Prasanna de Alwis ordered the arrest of Duminda Silva on November 15, 2011.

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